MegB Posted June 6, 2012 Report Share Posted June 6, 2012 This is more of a rhetorical question, but if anyone has any input that is great. Why is 52.219-4 a clause instead of a provision? I don't see why this would be a clause because everything that is stated in it talks about how HUBZone offers will be evaluated. I don't see anything in 52.219-4 that would be relevant to the contract itself. 52.212-2 is a provision because it prescribes how the offers will be evaluated and I see 52.219-4 the same way. If I am looking at this from the wrong perspective, let me know. Link to comment Share on other sites More sharing options...
napolik Posted June 6, 2012 Report Share Posted June 6, 2012 Look at paragraphs (d), (e) and (f). The contractor is agreeing to do something during contract performance. See this definition from FAR Part 2: “Contract clause” or “clause” means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted June 6, 2012 Report Share Posted June 6, 2012 FAR 52.219-4 is one of a small number of combined solicitation provisions/contract clauses in FAR. You can identify them by the fact that they contain both "offeror" and "contractor." See, for example, FAR 52.204-7. The FAR councils wrote them for a while, but they never explained why. It may have seemed to be more efficient than writing two separate texts about the same topic, but it's sloppy. In FAR 52.219-4, paragraphs (, ( c), and (g) contain the provision material, while paragraphs (d), (e), and (f) contain the clause material. The DOD FAR Supplement DFARS) also contains a few combined provisions/clauses. On Friday, March 30, 2012, 77 Fed. Reg. 19128, DOD issued a change to the DFARS to separate some combined provisions/clauses in that regulation, saying that such combinations are inconsistent with DFARS drafting conventions. It's also inconsistent with the FAR drafting conventions. See Chapter 3 para. (e)(2)(vii). It's just one of those things. Link to comment Share on other sites More sharing options...
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